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HARPER v. CUPP

461 P.2d 841 (1969)

Jesse Jackson HARPER, Appellant, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, In Banc.

Decided November 21, 1969.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Lee Johnson, Atty. Gen., and David H. Blunt, Asst. Atty. Gen., Salem.

LANGTRY, Judge.

In most respects the fact statement in Erickson v. Reed, Or. App., 461 P.2d 839, decided this date, is explanatory of this case. However, the situation is different in this case. Harper was an accomplice, driving the escape automobile. He was not present where Erickson held the gun on the victim, as we noted in the Erickson opinion. From the facts known to him, we do not believe Harper's attorney had reason...

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